FARMINGTON, UTAH (09/29/14) – The U.S. Equal Employment Opportunity Commission (“EEOC”) announced that they are taking action against a Papa John’s location in Farmington, Utah, for discriminating against a worker with Down Syndrome, which violates the Americans with Disabilities Act (“ADA”). The violations include refusing to accommodate a handicapped worker who needs a job coach and firing an employee who is disabled, but otherwise able to do their job duties.
As reported by the Standard Examiner, Scott Bonn began working for Papa John’s in 2011. His job duties mainly consisted of folding pizza boxes, with the supervision of a job coach from the state, which Papa John’s did not have to pay for.
The trouble for Mr. Bonn began when a partner in the franchise inspected the store and observed Bonn and the job coach working together. The partner immediately consulted with his co-owners and convinced them to agree to fire Mr. Bonn.
The EEOC’s lawsuit against Papa John’s targets both the corporate level and the franchise level.
According to the EEOC’s investigation into this matter, they found that Mr. Bonn was a good worker and with assistance from a job coach, he was fully able to perform his job duties competently.
The EEOC’s lawsuit seeks a back pay award for Mr. Bonn and also seeks that Mr. Bonn be reinstated. The EEOC also seeks an injunction against the company from engaging in further discrimination towards persons with disabilities. In addition, the lawsuit also asks for unspecified monetary punitive damages.
If you feel that you received negative disparate treatment due to an ADA violation by a business in terms of hiring, job retention and/or promotions by a company as the result of an ADA violation, you should definitely consult an employment law attorney. The time frame for bringing a lawsuit is only 180 days, although some states and municipalities give additional time, usually up to 300 days. To find out what the time frame is for you, go to the Employment Law section of USAttorneys, click on your state and scroll down to read the content under the heading of “Have Your or Are Your Employment Rights Being Violated in [your state]?,” which will tell you under what circumstances you can have the time frame for bringing an employment lawsuit extended beyond 180 days and many other details about employment law in your state.